The Civil Courts Flashcards
Where is an appeal by a decision by a Deputy District Judge or District Judge heard?
It will remain in the County Court to be decided by the Circuit Judge.
Where is an appeal by a decision by a High Court Master heard?
It will be considered by a high court judge.
What are the divisions of the high court?
- King’s Bench Division
- Chancery Division
- Family Division
What judges sit in the high court?
High Court judges: hear first instance trials
High Court Masters: at first instance they deal with all aspects of legal proceedings from its issue until it is ready for trial by a trial judge - usually a high court judge - after trial master resumes responsibility for completion of the case.
Where can criminal cases heard in the high court be appealed?
They can only be appealed to the Supreme Court
Which division is the administrative court in?
It is part of the King’s Bench Division.
Deals with most of the judicial review cases
Some cases will be heard by a divisional court - a court consisting of two or more judges.
King’s Bench Division
Hears most ‘common law’ business - contract disputes and tort.
Chancery Division
Largest unit for handling business and property cases in the country.
- Insolvency and companies court
- patents court
- intellectual property enterprise court
Can solicitors carry out advocacy in the senior courts?
Can on appeal.
Otherwise need to have gained higher rights of audience - separate training for criminal and civil (don’t need to do both - can just do criminal and have rights for the criminal courts)
Who heads the civil division of the court of appeal?
The Master of the Rolls
Who heads the criminal division of the court of appeal?
The Lord Chief Justice.
Who is head of the Judiciary?
The Lord Chief Justice.
Used to be the Lord Chancellor but changed with the Constitutional Reform Act 2005.
How are cases in the court of appeal heard?
Civil: three judges of any combo
Criminal: three judges, consisting of the Lord Chief Justice or President of the KBD, or one of the Lords Justices of Appeal together with two High Court Judges or one High Court Judge and one specially nominates Senior Circuit Judge
When will the Supreme Court hear a case?
Permission to appeal will only be granted if the issue raised is of ‘general public importance’
When did the Supreme Court start sitting?
In 2009.
Established by the Constitutional Reform Act 2005 to replace House of Lords.
Senior Judge is known as the President.
